_04-0120_EICHLER, GLENN AND KATHY, RICK AND DIANN_Financial Agr for ROWRECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO:
Margaret R. Monahan, City Clerk
Recorded in Official Records, County of Orange
Tom Daly, Clerk-Recorder
City San Juan Capistrano IIIIIIII IIIIIIIIIIIIIIIIIIIIIII,
324000 Paseo Adelanto 1111111111111111111111111111111111111111111111111111111 NO FEE
San Juan Capistrano, CA 92675 200400007828101:59pm 02102104
200 91 Al2 11
Exempt from Recording Fees: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Gov Code 27383 & 6103
City of San Juan Capistrano
This Space for Recorder's Use Only
Title of Document: Financial agreement for right-of-way acquisition in exchange for
construction of public improvements at 31810 and 31812 San Juan Creek Road, Glenn W1
Eichler (Assessor Parcel Number: 666-048-12 & 13 rJ -
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FINANCIAL AGREEMENT FOR RIGHT-OF-WAY ACQUISITION
IN EXCHANGE FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS
AT 31810 AND 31812 SAN JUAN CREEK ROAD, GLENN EICHLER,
(ASSESSOR PARCEL NUMBER: 666-048-12 & 13�
THIS FINANCIAL AGREEMENT ("Agreement") is made and entered into this 20th
day of January, 2004, by and between the City of San Juan Capistrano, a Municipal
Corporation, hereinafter referred to as the "City" and Glenn and Kathy Eichler, and Rick
and Diann Eichler, whose mailing address is 30448 Rancho Viejo Road, Suite 110, San
Juan Capistrano, California 92675, herein referred to as "Developer'.
WITNESSETH
WHEREAS, in connection with development of its land, Developer has applied for
and was granted a Lot Line Adjustment to accommodate two single family detached
residential homes located on 31810 and 31812 San Juan Creek Road respectively; and,
WHEREAS, the City has an interest in facilitating the street widening and
appurtenances on San Juan Creek Road along the frontage of the subject properties,
specifically referred to as Assessor Parcel Numbers 666-048-12 and 13 respectively; and,
WHEREAS, the Developer has an interest in reducing the width of an existing
public drainage/equestrian trail easement on Developer's south westerly side of property
and has agreed to design and construct, at Developer's cost, certain modifications to an
existing storm drain channel located within said easement; and,
WHEREAS, the City requires that the design and construction of said modification
to the existing storm drain channel within the drainage/equestrian trail easement would
continue to provide, at minimum, a 12 foot wide equestrian trail/maintenance access; and,
WHEREAS, the Developer has agreed to dedicate to the City the necessary public
right-of-way for ultimate street width and utilities purposes and to construct, to the
satisfaction of the City Engineer, street improvements and all related appurtenances along
said properties' frontages, based upon City payment of $109,050, of which $73,750.00 are
for right-of-way acquisition and $35,300 for partial financial participation towards the
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relocation of an existing drainage culvert which would be interfering with the proposed
widened street, and also based upon City waving the following fees:
Any in-house plan check and inspection fees for the street widening and drainage
improvement. (Third party review of Soils Reports, Drainage Improvement Plans
and Hydrology Hydraulic Studies shall be subject to fee payment);
2. City processing fees for abandonment of section of drainage easement;
3. City processing fees for acceptance of public right -of wayfor San Juan Creek Road.
WHEREAS, the $73,750.00, described above, represents the City approved
appraisal amount for the subject right-of-way acquisition, paid to the City by Citibank
(Formerly Glendale Federal Savings and Loan) in order to meet the conditions of approval
set forth in City Council Resolution 86-6-17-4, for the development of Tentative Tract Map
12633 by the Subdivider, Dividend Development Company; and,
WHEREAS, City desires to assure that said proposed street widening and channel
improvements will be done per City approved plans and in a good workmanlike manner
and in accordance with the codes now in force and effect in the City of San Juan
Capistrano, California, the terms and conditions of which are incorporated herein by
reference.
NOW, THEREFORE, in consideration of the premises and promises hereinafter
contained, City and Developer agree as follows:
SECTION 1. PAYMENT AGREEMENT.
Upon receiving the following items from the Developer, the City shall then process, for
payment to the Developer, the amount of $73,750.00 for the right-of-way dedication along
the street frontages of Assessor Parcel Numbers 666-048-12 and 666-048-13.
The proper right-of-way dedication documentation
2. City approved Street & Storm Drain Improvement Plans, as specified in
Section 2 below
3. Sureties for all the works of improvement, as specified in Section 3 below.
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SECTION 2. DEVELOPER'S OBLIGATIONS.
Developer shall dedicate to the City, for ultimate street width (to back of
proposed sidewalk along San Juan Creek Road) and utility purposes, the
necessary public right-of-way along Developer properties' frontages to
accommodate, to the satisfaction of the City Engineer, a secondary Arterial
Highway.
2. Developer shall, at his own cost and expense, provide all required tests,
design work, equipment, materials and labor in order to complete all of the
works of improvement (the "Works of Improvement"), set forth in Exhibit "A",
to the satisfaction of the City Engineer. Such work of improvement shall
include but not be limited to the construction of street widening
improvements, sidewalk, curb and gutter, relocation of an inlet culvert
structure and all related appurtenances. The Encroachment Permit and
Street Improvement Plans, which furtherdefines the improvements in Exhibit
"A", are on file in the office of the City Engineer, and all documents
referenced in Exhibit "A" are incorporated herein by reference.
SECTION 3. DEVELOPER'S SECURITY.
Developer shall, at all times beginning with the execution of this agreement,
guarantee Developer's performance of this agreement by providing City with the following
security instruments (the "Security Instruments"), on forms approved by City for the
purposes and in the amounts as follows:
(1) A Faithful Performance Bond to ensure faithful performance of this
agreement in regard to said improvements in the amount of 100% of the
estimated cost of construction of the improvements; and
(ii) A Labor and Materials Bond to secure payment to any contractor,
subcontractor, persons renting equipment orfurnishing labor or materials for
the improvements required to be constructed or installed pursuant to this
agreement in the additional amount of 100% of the estimated cost of
construction of the improvements;
In order to guarantee and warranty the Works of Improvement and in addition to the
security instruments referenced in Paragraph 3 above, Developer shall provide to City the
following Security Instruments:
(1) Prior to the City's final acceptance of the Works of Improvement, Developer
shall provide to City a Warranty Bond for Works of Improvement warranting
the accepted Works of Improvement for a period of one (1) year following
said acceptance against any defective work or labor done or defective
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material furnished. The amount of such Warranty Bond for Works of
Improvement shall be equal to twenty-five percent (25%) of the estimated
construction cost set forth in Exhibit "A", or a suitable amount determined by
the City Engineer.
SECTION 4. INDEMNITY AND HOLD HARMLESS.
Developer shall indemnify, defend and hold harmless the City of San Juan
Capistrano and their respective officers, officials, employees and agents from and against
any and all liability, loss, damage, expense, costs (including without limitation, attorneys'
fees and costs, and fees of litigation) of every nature arising out of or in connection with
Developer's use of this Agreement and Developer's performance of work hereunder or its
failure to comply with any of its obligations contained in this Agreement.
SECTION 5. TERM.
This Agreement shall continue in full force and effect until all work is complete and
accepted by the City Engineer. Upon completion and acceptance of work, this Agreement
shall terminate and all obligations of the City and the Developer will be considered met
provided the City or the Developer is not in default hereunder or under the terms of the
Note.
SECTION 6. ATTORNEY'S FEES.
In the event of any litigation between the parties arising out of or related to this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs,
in addition to whatever other relief such party may be granted.
SECTION 7. FORCE MAJEURE.
None of the parties hereto shall be deemed to be in default if performance of the
obligations required by this Agreement is delayed or becomes impossible because of any
act of God, earthquake, fire, strike, sickness, accident, civil commotion, epidemic, act of
government, its agencies or officers, or any legitimate cause beyond the control of the
parties.
SECTION 8. NOTICES.
All notices required to be delivered under this Agreement or by law shall be
delivered by one of the following means: (i) by personal delivery, (ii) by a reputable
document delivery service that provides a receipt showing date and time of delivery, (iii)
by United States mail, prepaid, certified, return receipt requested, or (iv) by facsimile
transmission, if a fax number is listed below, and so long as the original of the notice is
concurrently delivered by one of the other acceptable methods. Notices shall be addressed
18
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as follows:
If to City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: City Clerk
Telephone Number: (714) 493-1171
Fax Number: (714) 493-1053
If to Developer: Glenn and Rick Eichler
30448 Rancho Viejo Road, Suite 110
San Juan Capistrano, CA 92675
Telephone Number: (949) 248-5459
Fax Number: (949) 248-0889
Notices delivered by personal delivery, reputable document delivery service, or
facsimile transmission in accordance with the terms of this Section shall be effective upon
receipt. Notices delivered by mail shall be effective at the earlier of (i) actual receipt, or (ii)
if not deliverable, the date of first attempted delivery. The parties hereto may from time to
time designate such other address or addresses for receipt of notices by giving notice in
accordance with the terms of this Section.
SECTION 9. NO ASSIGNMENT.
Developer shall not assign or transfer this Agreement to any person, firm, or entity
without the prior written consent of City, which consent City may give or withhold in its sole
and absolute discretion.
SECTION 10. ENTIRE AGREEMENT.
This Agreement contains the entire agreement and understanding of the parties
concerning the subject matter herein. This Agreement constitutes the entire understanding
and agreement of the parties, integrates all of the terms and conditions mentioned herein
or incidental hereto, and supersedes all negotiations or previous agreements between the
parties with respect to all or any part of the subject matter hereof.
IN WITNESS WHEREOF, two (2) identical counterparts of this agreement, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Developer herein named on the day of , 2004, the name and
corporate seal of each corporate party being hereto affixed and these presents duly signed
by its undersigned representative(s) pursuant to authority of its governing body.
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DEVELOPER
By:
I n Eichler,
By: l lLvr
Kathy Pchler,
Rick Eichler,
By:
Diann Eichler,
(Attach Notary Acknowledgment)
Attachment: Exhibit "A"
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CITY OF SAN JUAN CAPISTRANO
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saro ',MAYOR
I ,V
CITY CLERK
APPROVED AS TO FORM
Y ATTORNEY
E
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
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On 1S &W before me, VvWc-'
Data Name and Title of Officer (e.g, 'Jane Doe, N ubllc)
personally appeared '7b
❑ Wsonally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) ire
subscribed to the within instrument and
acknowledged to me that he/e/.etre/they executed
the same in his/hefTfheir authorized
capacity(ies), and that by his/hheir
signature(s) on the instrument the person(s), or
dolild
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Y�v�ra ��c�9s. ocrl.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
j Individual
11 Corporate Officer—Title(s):
11 Partner — L- Limited ❑ General
L
LL
LL
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Number of Pages:
RIGHT THUMBPRINT
OF SIGNER
01999 National Notary Association -9350 De solo Ave., i Box 2402- ChatswotlM1, CA 913132402• x ralionalnotary or, Prod. No 5907 Reorder'. Call Toll -Free 1-600-8766827
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
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On ll.-S.r��l �a ,, before me, L�� mis\lv\ c
Date Name and Title of Officer (e.g., "Jane Due Noi Public"
personally appeared iiS.n.w� �wc��� Q — ,
Name(iu of Signe
- tr
-7onally known to me
C proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) ire
subscribed to the within instrument and
acknowledged to me that,helatfe/they executed
the same in l;;lis;`herTt heir authorized
capacity(ies), and that by this/fes/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WIT ESS my hand and official seal.
C1,111ii `0.' 7-C1S1.9- _Z!0.\1
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: _ Number of Pages
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
I Individual
Top of thumb here
F', Corporate Officer — Title(s):
❑ Partner — L Limited F7 General
F I Attorney in Fact
F J Trustee
L Guardian or Conservator
❑ Other:
Signer Is Representing:
01999 National Notary Ara ocation • 93W Oa Soto Ave., PO Boz 2002 • Chatsworth, CA 91313-2,r02 • w ranonalnotaryor9 Prob. No. 5901 asoNer: Call Toll -Free 1800 0761
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PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On January 20, 2004, before me, Margaret R. Monahan, City Clerk, personally appeared Joe Soto
Mayor, personally known to me to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted, executed
the instrument.
(SEAL)
WITNESS my hand and official seal.
jjJQ C
R. Monahan, City Clerk
OPTIONAL
Capacity Claimed by Signers Description of Attached Document
Financial Agreement for right of way
Mayor acquisition.....(31810 & 31812 San Juan
Creek Road, Eichler —APN 666-048-12 & 13
Title Title or Type of Document
Signers are Representing
City of San Juan Capistrano January 20, 2004
Date of Document
PUBLIC IMPROVEMENT AGREEMENT
ASSOCIATED WITH THE DEVELOPMENT OF
ASSESSOR PARCEL NUMBER: 666-048-12 & 13
AT 31810 AND 31812 SAN JUAN CREEK ROAD
EXHIBIT "A"
WORKS OF IMPROVEMENT
Type of Improvements:
Street and Appurtenant Improvements
Storm Drain Channel Improvements
and Trail / Maintenance Road
7
Estimated Construction Cost
Or Bond Amount
$25,800
$46,600
-14 0
MEMORANDUM
TO: Meg Monahan, City Clerk
FROM; Sam Shoucair, Senior Engineere5�
E
July 13, 2004
SUBJECT: Release of Certificate of Deposit associated with Eichler Agreement dated
January 20, 2004
John Lloyd, who provided a Certificate of Deposit (CD), issued on February 18, 2004, in
the amount of 25,8000, for the work of improvement associated with the subject
agreement, has request the release of his CD.
The contractor doing the work of improvement (Hardy & Harper, Inc.) has posted additional
bonds in an amount $166,070.00 for the same work of improvement covered by Mr. Lloyd's
CD.
Please release the CD provided by John W. Lloyd for the improvement work associated
with the subject agreement, as it is redundant.
Attachment, copy of CD
cc. Maria Guevara
C:\MyFiles\Memos-Conditions\Bond matters with City Clerk\2004- Eichler Agreement- suretyl.wpd
-In i
CONFIRMATION OF CERTIFICATE OF DEPOSIT
NON-NEGOTIABLE AND NON TRANSFERABLE Account No.: 435660000583
ISSUED TO: DEPOSITOR NAME(S) AND ACCOUNT ADDRESS
First Bank dba First Bank & Trust
JOHN W LLOYD For The Benefit Of The City Of San Juan Capistrano
27221 ORTEGA HWY STE E #348, SAN JUAN CAPISTRANO, CA 92675
25461 Rancho Niguel Rd
Laguna Niguel, CA 92677-
(949)448-5180
Member FDIC
ISSUE DgTE
MATURRT DATE
TERN
5.5. / T.I.N. R
AUTOMATICALLY
RENEWABLE
DEPOSIT AMOUNT
2 / 1 8 / 0 4
05/18/2004
3 Month(s)
554 42-2413
$ 25,800.00
❑ SINGLE MATURITY
Interest will be paid at the rate of 1.050 percent with an annual percentage yield of 1.05 percent.
Interest payment frequency every t Month(sl 14 mmpounded/added to account
❑ payable to account number
❑ pay by check
The minimum deposit and minimum balance required to earn the stated annual percentage yield is $2,500.00 for certificate terms of 7-89 Days, 5 Months and 7
Months, and $1,000.00 for all other terms.
TERMS AND CONDITIONS
1. Words or phrases preceded by a V are applicable only If the ❑ Is marked. Phrases containing a blank space which H not filled in or completed with an WA
are not applicable.
2. The certificate is payable to the Depositor, or, if more than one, to either or any of them, or the survivors or survivor, on a maturity date. The Depository
Institution is under no obligation to permit withdrawals by anyone other than the persons described above.
3. The Interest rate for your certificate will be paid until the maturity date.
4. The certificate bears simple interest at the rate and basis set forth above. Interest is accrued daily and will be compounded and credited to your account
according to the terms set forth above.
5. Interest begins to accrue on the business day you deposit noncash Items, such as checks.
6. After the Certificate is opened, you may not make deposits into or withdrawals until the maturity date.
7. If the deposit is withdrawn before the maturity date, a penalty may be imposed. Refer to the penalty disdosure below for early withdrawal assessment
8. We use the daily balance method to Calculate the Interest on your account This method applies a daily periodic rate to the principal in the account each day.
9. The annual percentage yield assumes principal and Interest will remain on deposit unfit maturity. A withdrawal will reduce earnings.
10. No right In, or tide to the deposit on this Confirmation of Certificate of Deposit is transferable, except on the books of the Depository Institution.
IA. All terms of this certificate are subject to the applicable present and future laws and regulations of the state M which the office of the flank which maintains
your account is located and by federal law and any U.S. agency or Instrumentality thereof, and all rules, regulations and practices now or hereafter adopted
by the Depository Institution with respect hereto.
12. Depositor has contracted to keep the funds evidenced by this Confirmation of Certificate of Deposit on deposit from the Issue Date until the Maturity Date of
the certificate. Acceptance of a request by Depositor for a withdrawal of the funds prior to the Maturity Date is at the discretion of the Depository Institution.
13. Automatically Renewable Certificates renew automatically on the Maturity Date. If the term of the account Is greater than 29 days, you have a grace period
of ten (10) Calendar days after the maturity date to withdraw the funds without being charged a penalty. If the tens of the account is 29 days or less, you
have a grace period of one (1) celandar day to withdraw the funds without being charged a penalty. If you withdraw the funds during the grace period, you
will forfeit any interest accrued after the automatic renewal. For automatic renewals of the certificate, Interest will be paid at the rate then in effect at the
Depository Institution for similar deposits and any such renewals will be for a time period equal to the original term and subject to these terms and Conditions.
14. Single Maturity Certificates are non-renewable at maturity and the funds on deposit in your certificate will be placed in a ron-interest Dearing account No
interest will be paid on the deposit after maturity.
EARLY WITHDRAWAL PENALTY:
An early withdrawal penalty may be assessed to depositors who withdraw their certificate prior to its scheduled matunty. In no event shall such penalty be less
than seven (7) days simple Interest on the certificate amount.
The following is an explanation of our penalty.
1) Certificates of 29 days or less: If a certificate is withdrawn prior to Its original, renewed or extended maturity, the depositor shall forfeit an amount equal to
the amount of interest on the amount withdrawn that would have been earned for the full term of the certificate at the interest rate being paid on the certificate
at the time of withdrawal, regardless of the length of time the funds withdrawn have remained in the certificate.
2) Certificates of 30 to 89 days: If a certificate is withdrawn prior to its original, renewed or extended maturity, the depositor shall forfeit an amount equal to
one months interest on the amount withdrawn at the Interest rate being paid on the certificate at the time of withdrawal, regardless of the length of Urce the
funds withdrawn have remained in the certificate.
3) Certificates of 3 months or mors but less than 1 year: If a certificate is withdrawn prior to its original, renewed or extended maturity, the depositor shall
forfeit an amount equal to three months interest on the amount withdrawn at the interest rate being paid on the certificate at the time of withdrawal, regardless
of the length of time the funds withdrawn have remained in the certificate.
4) Certificates of 1 year or more: If a certificate is withdrawn prior to its original, renewed or extended maturity, the depositor shall forfeit an amount equal to
the greater of (1) six months interest on the amount withdrawn at the Interest rate being paid on the certificate at the time of withdrawal, regardless of the
length of time the funds withdrawn have remained in the certificate, or (2) the Market Yield Adjustment.
The Market Yield Adjustment is calculated as follows:
(1) Determine the remaining term of the certificate in whole months and divide by 12. This is the Time Factor.
(2) Determine the average Treasury Constant Maturity Index (TCMI) rate for the previous week as provided by the Federal Reserve Bank's H-15 statistical
release (or its equivalent if the H-15 release is discontinued). Use the rate for the TCMI term equal to the remaining term of the certificate, or the next
longer TCMI term if the remaining term of the certificate is not equal to a tens published by the Federal Reserve Bank.
(3) Subtract the current interest rate being paid on the certificate from the TCMI rate determined in step 2. This is the Rale Facto.
(4) Multiply the Rate Factor determined in step 3 by the amount of principal being withdrawn and by the Time Factor detennined in step 1. The result is the
'Market Yield Adjustment".
The TCMI rates are available from any federal Reserve Bank or from any First Bank office.
By:
Authorized Bank Signature
Customer Receipt PLF-121503
TheMbul
Surety 1S K,,)
GV- l
**REVISED** �, ,�\}
PERFORMANCE AND PAYMENT BOND
0
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Fidelity and Guaranty Insurance Company
Principal Office: 385 Washington Street
St. Paul, Minnesota 55102
Seaboard Surety Company
Principal Office: 5801 Smith Avenue
Baltimore, Maryland 21209
Bond Number TC / / UJ
Premium: $1,416.00
KNOW ALL MEN BY THESE PRESENTS, that we, HARDY & HARPER INC.
of 1312
AVENUE, SANTA ANA, CA 92705
as Principal, and ST PAUL GUARDIAN INSURANCE COMPANY a corporation, having its principal office and place of
business in the City of MINNESOTA as Surety, are held and firmly bound unto
PARAMOUNT BUILDERS
as Obligee, in the sum of ONE HUNDRED SIXTY—SIX THOUSAND SEVENTY AND 00/00
Dollars ($ 166, 070.00 )
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly
and severally, firmly by these presents.
Signed, sealed and dated
20th day of APRIL 2004
WHEREAS, the Principal has entered into a certain written contract dated the
, with the Obligee for
CHANNEL IMPROVEMENT PLAN SAN JUAN CREEK HOMES
STREET IMPROVEMENT PLAN SAN JUAN CREEK ROAD
day of
NOW THEREFORE, the condition of this Obligation is such, that if the Principal shall faithfully perform said contract according
to its terms, covenants and conditions and shall promptly pay all persons supplying labor or material to the Principal for use in the
prosecution of the work under said contract, then this obligation shall be void; otherwise it shall remain in full force and effect.
Subject to the named Obligee's priority, all persons who have supplies labor or material directly to the Principal for use in the
prosecution of the work under said contract shall have a direct right of action under this bond.
The Surety's aggregate liability hereunder shall in no event exceed the amount set forth above.
No claim, suit or action shall be brought hereunder after the expiration of one (1) year following the date on which Principal
ceased work on said contract. If this limitation is made void by any law controlling the construction hereof, such limitation shall be
deemed to be amended to equal the minimum period of limitation permitted by such law.
Witness:
STEVE KIIZSCHNER VICE RPESIDENT
86103 Rev. 9-1999 Printed in U.S.A.
HARDY & HARPER, INC.
Principal
Surety Company:
(Seal)
ST. PAUL GUARDIAN INSURANCE COMPANY _
By zil�� (Sea!)
Attorney -in -Fact
0 0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
County of Orange } ss.
On April 20. 2004 before me, Gabriela Medina - Notary Public
Date Nana aro Me a G9mer (e.0�.8I Dos, N -WY p7w ) '
personally appeared Kathleen Maas
Neow(a) or Sgeerte)
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the persons) whose name(a) is///tle
subscribed to the within Instrument and
acknowledged to me that f/9/she/MW executed
the same in i7f5/herl#ffl%r authorized
capacity*M), and that by JWher/tW#(r
signature(s+i on the instrument the person(*, or
the entity upon behalf of which the personf6)
acted, executed the Instrument.
WIT
�-STYnd nd official seal.
PNw NotM Beef Abwe Gabriela MedinasoeM1e0f N01ery P'm0e
OPTIONAL
Though the fnformatlon below is not required by law, It may prove valuable to persons relying on the document
and could Prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Payment & Performance Bond
Document Date:
Number of Pages:
Signer(s) Other Than Named Above: None-----------------------_----_
Capacity(les) Claimed by Signer
Signer's Name: Kathleen Maas
❑ Individual
Top of thumb here
-
O Corporate Officer—Title(s):
❑ Partner —❑ Limited ❑ General
Cf Attorney In Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: St. Paul Guardian Insurance Company
a 1097 Na9dW NotaryAs od nen • 9350 De Som Aw., P.C. Boa 2402 • Cftb . CA 913134402 Pooh. W. 5907 Reoreen Call TW.s 1-000.8768927
lheStPdul
Power of Attorney No.
POWER OF ATTORNEY
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
20675
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Certificate No. 1971617
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do
hereby make, constitute and appoint
H. J. Dueck, Dwight Reilly, Christopher S. Hopper, Claudette N. Martin and Kathleen E. Maas
of the City of Upland , State California , their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakingsifed�oritted ituany actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instru tle s s s 19� du of February 2003
P ?rq t .dBA.. , ' Y
Seaboard Surety Company�yy v-"" kbn'ited States Fidelity and Guaranty Company
St. Paul Fire and Marine Inogr('itiini` ,-f` Fidelity and Guaranty Insurance Company
St. Paul Guardian Insurance om r ` R iA i" -1 � Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Mercury Insurance'
N , o
` HF[ i ; OOY ly Les �n
Jy R`y1
2 4�.,SE AL i4m �,'.. ago 197,
PETER W. CARMAN, Vice President
s > ,,� L. j�sar f ,p fast
a °I3.\NNy ,tatjFY
State of Maryland
City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary
On this 19, day of Fe1lIUary2003 , before me, the undersigned officer, personally appeared Peter W. Cannan and
Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and
Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
"m
In Witness Whereof, J hereunto set my hand and official seal. m ��HY $
0
g C i
My Commission expires the 1St day of July, 2006. {b �p REBECCA EASLEY-ONOKALA, Notary Public
aE cnr
86203 Rev. 7-2002 Printed in U.S.A.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Orange
On April 21 2004 before me, Kristen S. Paulino, Notary Public
Det. Name one Title of Moor to g.,'Jaae Doe, Notary Publ¢')
personally appeared Steve Kirschner
Nam(s) of Slgneh.)
KRISTEN S. PAULINO
t] COMM. #1413262
NOIARY PUBLIC -CALIFORNIA
3 ORANGE COUNTY
My Comm. Exp. May 20, 2007
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person whose name( Is
subscribed to the within instrument and
acknowledged to me}Lia�Qs/t�ejj executed
the same in C(hb�lad'/hl¢/(f�lrthorized
capacity(i16, and that by hi 10;&
signatur* on the instrument the personjbl, or
the entity upon behalf of which the personN
acted, executed the instrument.
WIT E S my hand andficia eal.
signaw. d lotary Puhlk
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Performance and Payment Rond
Document Date: ! rin 120, 2004 Number of Pages: 1
Signer(s) Other Than Named Above: Kathleen hAaaS
Capacity(ies) Claimed by Signer
Signer's Name: Steve Kirschner
❑ Individual Top of thumb here
Corporate Officer — Title(s): Vice President
Partner — ❑Limited El General
❑ Attorney -in -Fact
• Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: Hardy & Harper, Inc.
01988 Nah.e.1 Notary Association • 9350 De Soto Ave., P 0. eoe 2402 • Ch.tawaft, CA 913132402 • wve.nea.r.l.t.,.1 Prod No. 5907 ReoMer Call TollFree1-603676L62
•
32400 PASEO ADEL.ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www.sanjuancapstrano, org
July 14, 2004
First Bank dba First Bank & Trust
25461 Rancho Niguel Road
Laguna Niguel, CA 92677
Dear Sir or Madam:
JVW4
j 10(OIPOAOTIO
Esumse(o 1161
1776
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE L. BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
A partial surety was received by the City of San Juan Capistrano ON April 1, 2004, provided by
Glenn Eichler. The surety is in the form of a Confirmation of Certificate of Deposit as described:
Issued to: John W. Lloyd, for the benefit of the City of San Juan Capistrano
27221 Ortega Highway, Suite E #348
San Juan Capistrano, CA 92675
Account No. 435660000583
Issue Date: 2/18/2004
This letter serves to release this surety. The original — released — document is attached.
If you have any questions, please do not hesitate to call me at (949) 443-6308.
truly
,CMC
— as noted
cc: Sam Shoucair, Senior Engineer; Ray Holland, Interim Engineering & Building Director; Mr.
Glen Eichler
San Juan Capistrano: Preserving the Past to Enhance the Future
•
1 CONFIRMATION OF CERTIFICATE OF DEPOSIT
NON-NEGOTIABLE AND NON TRANSFERABLE Account No.: 435660000583
ISSUED TO: DEPOSITOR NAMES AND ACCOUNT ADDRESS
First Bank dba First Bank & Trust
JOHN W LLOYD For The Benefit Of The City Of San Juan Capistrano
27221 ORTEGA HWY STE E #348, SAN JUAN CAPISTRANO, CA 92675
25461 Rancho Niguel Rd
Laguna Niguel, CA 92677-
(949)448-5180
MemMr FDIC
Issu
MATURITY DATE
TERM
s.s.l T.I.N.♦
AUTOMATICALLY
RENEWABLE
DEPOSIT AMOUNT
2/1 $ 4
05/18/2004
3 Months)
554-42-2413
$ 25,800.00
1
D SINGLE MATURITY
Interest will be paid at the rate of 1.050 percent with an annual percentage yield of 1.05 percent.
Interest payment frequency: every 1 Month(5) 10 compounded/added to account
❑ payable to account number
D pay by check
The minimum deposit and minimum balance required to earn the staled annual percentage yield is $2,500.00 for certificate terms of 7-89 Days, 5 Months and 7
Months, and $1,000.00 for all other terms.
TERMS AND CONDITIONS
1. Words or phrases preceded by a O are applicable only if the ❑ is marked. Phrases containing a blank space which is not filled in or completed with an N/A
are not applicable.
2. The certificate is payable to the Depositor, or, if more than one, to either or any of them, or the survivors or survivor, on a maturity date. The Depository
Institution is under no obligation to permit withdrawals by anyone other than the persons described above.
3. The interest rale for your certificate will be paid until the maturity date.
4. The certificate bears simple interest at the rate and basis set forth above. Interest is accrued daily and will be compounded and credited to your account
according to the terms set forth above.
5. Interest begins to accrue on the business day you deposit non-cash items, such as checks.
6. After the certificate is opened, you may not make deposits into or withdrawals until the maturity date.
7. If the deposit is withdrawn before the maturity date, a penalty may be imposed. Refer to the penalty disclosure below for early withdrawal assessment.
e. We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.
9. The annual percentage yield assumes principal and Interest will remain on deposit until maturity. A withdrawal will reduce earnings.
10. No right In, or title to the deposit on this Confirmation of Certificate of Deposit is transferable, except on the books of the Depository Institution,
11. All terms of this cartiflcate are subject to the applicable present and future laws and regulations of the state in which the once of the Bank which maintains
your account is located and by federal law and any U.S. agency or instrumentality thereof, and all rules, regulations and practices now or hereafter adopted
by the Depository Institution with respect hereto.
12. Depositor has contracted to keep the funds evidenced by this Confirmation of Certificate of Deposit on deposit from the Issue Date until the Maturity Date of
the certificate. Accepmnce of a request by Depositor for a withdrawal of the funds prior to the Maturity Date is at the discretion of the Depository Institution.
13. Automatically Renewa le Certificates renew automatically on the Maturity Dale. If the term of the account Is greater than 29 days, you have a grace period
of ten (10) calendar days after the maturity date to withdraw the funds without being charged a penalty. If the term of the account is 29 days or less, you
have a grace period of one (1) calendar day to withdraw the funtls without being charged a penalty. If you withdraw the funds during the grace period, you
will forfeit any Interest accrued after the automatic renewal. For automatip repawals of the certificate, interest will be paid at the rate then in effect at the
Depository Institution for similar deposjts and any such renewals will be for a time period equal to the original term and subject to these terms and conditions.
14. Single Maturity Cerlifi a_tos are non-renewable at maturity and the funds on deposit in your certificate will be placed in a ran -interest bearing account. No
interest will be paid on the deposit after maturity.
EARLY WITHDRAWAL PENALTY:
An early withdrawal penalty may be assessed to depositors who withdraw their certificate prior to its scheduled maturity. In no event shall such penally be less
than seven (7) days simple interest on the certificate amount.
The following is an explanation of our penalty.
1) Certificates of 29 days or less: If a certificate Is withdrawn prior to its original, renewed or extended maturity, the depositor shall forfeit an amount equal to
the amount of interest on the amount withdrawn that would have been earned for the full term of the certificate at the Interest rate being paid on the certificate
at the time of withdrawal, regardless of the length of time the funds withdrawn have remained in the certificate.
2) Certificates of 30 to 89 days: If a certificate is withdrawn prior to its original, renewed or extended maturity, the depositor shall forfeit an amount equal to
one months interest on the amount withdrawn at the interest rate being paid on the certificate at the time of withdrawal, regardless of the length of time the
funds withdrawn have remained in the certificate.
3) Certificates of 3 months or more but less than 1 year: If a Certificate is withdrawn prior to its original, renewed or extended maturity, the depositor shall
forfeit an amount equal to three months interest on the amount withdrawn at the interest rate being paid on the certificate at the time of withdrawal, regardless
of the length of time the funds withdrawn have remained in the certificate.
4) Certificates of 1 year or more: If a certificate is withdrawn prior to its original, renewed or extended maturity, the depositor shall forfeit an amount equal to
the greater of (1) six months interest on the amount withdrawn at the interest rate being paid on the certificate at the time of withdrawal, regardless of the
length of time the funds withdrawn have remained in the certificate, or (2) the Market Yield Adjustment.
The Market Yield Adjustment is calculated as follows:
(1) Determine the remaining term of the certificate in whole months and divide by 12. This is the "Time Factor".
(2) Determine the average Treasury Constant Maturity Index (TCMI) rate for the previous week as provided by the Federal Reserve Bank's H-15 statistical
release (or its equivalent if the H-15 release is discontinued). Use the rate for the TCMI term equal to the remaining term of the certificate, or the next
longer TCMI term if the remaining term of the certificate is not equal to a term published by the Federal Reserve Bank.
(3) Subtract the current interest rate being paid on the certificate from the TCMI rate determined in step 2. This is the Rate Factor.
(4) Multiply the Rate Factor determined in step 3 by the amount of principal being withdrawn and by the Time Factor determined in step 1. The result is the
"Market Yield Adjustment".
TR'(BILIEArSEDfrom any Federal
R�eeeserve Bank or from any First Bank office
DATE ed.
4 (/v ` q By,
Authorizetl Bank Signature
!J_� / _ Customer Receipt PLF-121503
MEMORANDUM
TO: Meg Monahan, City Clerk
FROM: Sam Shoucair, Senior Engineer :�
July 13, 2004
SUBJECT: Release of Certificate of Deposit associated with Eichler Agreement dated
January 20, 2004
John Lloyd, who provided a Certificate of Deposit (CD), issued on February 18, 2004, in
the amount of 25,8000, for the work of improvement associated with the subject
agreement, has request the release of his CD.
The contractordoing the work of improvement (Hardy & Harper, Inc.) has posted additional
bonds in an amount $166,070.00 for the same work of improvement covered by Mr. Lloyd's
CD.
Please release the CD provided by John W. Lloyd for the improvement work associated
with the subject agreement, as it is redundant.
Attachment, copy of CD
cc. Maria Guevara
C:\MyFiles\Memos-Conditions\Bond matters with City Clerk\2004- Eichler Agreement- suretyi wpd
. ___ • •
CONFIRMATION OF CERTIFICATE OF DEPOSIT
NON-NEGOTIABLE AND NON TRANSFERABLE
Account No.: 435660000583
ISSUED TO: DEPOSITOR NAMES AND ACCOUNT ADDRESS
First Bank dba First Bank & Trust
JOHN W LLOYD For The Benefit Of The City Of San Juan Capistrano
27221 ORTEGA HWY STE E #348, SAN JUAN CAPISTRANO, CA 92675
25461 Rancho Niguel Rd
Laguna Niguel, CA 92677-
(949)448-5180
MemWr FDIC
SSUDATE
MATUmTY DATE
TERM
S.S. I T.I.N. i
AUTOMATICALLY
all1101 LE
REKEWMATURRY
DEPOart AMOUNT
2 / 1 8 / 0 4
7718
0`.[/18/2004
3 Month(s)
554.42-2413
$ 25,800.00
❑
Interest will be paid at the rate of 1.050 percent with an annual percentage yield of 1.05 percent.
Interest payment frequency. evaw 1 Month(s) 13 compounded/added to account
❑ payable to account number
❑ pay by check
The minimum deposit and minimum balance required to earn the stated annual percentage yield is $2,500.00 for certificate terns of 7-89 Days, 5 Months and 7
Months, and $1,000.00 for all other terms.
TERMS AND CONDITIONS
1. Words or phrases preceded by a O are applicable only H the O is marked. Phrases containing a blank space which Is not filled In or completed with an WA
are not applicable.
2. The certificate Is payable to the Depositor, or, if more than one, to either or any of them, or the survivors or survivor, on a maturity date. The Depository
Institution is under ne obligation W permit withdrawals by anyone other than the persons described above.
3. The Interest rate for your certificate will be paid until the maturity date.
4. The certificate bears simple Interest at the rate and basis set forth above. Interest is accrued daily and will be compounded and credited to your account
according to the terms set forth above.
5. Interest begins to accrue on the business day you deposit non-cash items, such as checks.
6. Atter the certificate Is opened, you may not make deposits into or withdrawals until the maturity date.
7. If the deposit is withdrawn before the maturity date, a penalty may be imposed. Refer to the penalty disclosure below for early withdrawal assessment.
8. We use the dally balance method to calculate the Interest on your account. This method applies a daily periodic rate to the principal in the account each day.
9. The annual percentage yield assumes principal and interest will remain on deposit until maturity. A withdrawal will reduce earnings.
10. No right in, or title to the dbposit on this Confirmation of Certificate of Deposit is transferable, except on the books of the Depository Institution.
11. All terms of this certificate are subject to the applicable present and future laws and regulations of the state in which the office of the Bank which maintains
your account is located and by federal law and any U.S. agency or instrumentality thereof, and all rules, regulations and practices now or hereafter adopted
by the Depository Institution with respect hereto.
12. Depositor has contracted to keep the funds evidenced by this Confirmation of Certificate of Deposit on deposit from the Issue Date until the Maturity Date of
the certificate. Acceptance of a request by Depositor for a withdrawal of the funds prior to the Maturity Dale is at the discretion of the Depository Institution.
13. Automatically Renewable Certificates renew automatically on the Maturity Date. If the term of the account is greater than 29 days, you have a grace period
of ten (10) calendar days after the maturity date to withdraw the funds without being charged a penalty. If the term of the account is 29 days or less, you
have a grace period of one (1) calendar day to withdraw the funds without being charged a penalty. If you withdraw the funds during the grace period, you
will forfeit any Interest accrued after the automatic renewal. For automatic renewals of the certificate, interest will be paid at the rate then in effect at the
Depository Institution for similar deposits and any such renewals will be for a time period equal to the original term and subject to these terms and conditions.
14. Single Maturity Certificates are non-renewable at maturity and the funds on deposit in your certificate will be placed in a non-interest bearing account. No
interest will be paid on the deposit after maturity.
EARLY WITHDRAWAL PENALTY:
An early withdrawal penalty may be assessed to depositors who withdraw their certificate prior to its scheduled maturity. In no event shall such penalty be less
than seven (7) days simple interest on the certificate amount.
The following is an explanation of our penalty.
11 Certificates of 29 days or less: If a certificate is withdmwn prior to its original, renewed or extended maturity, the depositor shall forfeit an amount equal to
the amount of Interest on the amount withdrawn that would have been earned for the full term of the certificate at the Interest rate being paid on the certificate
at the time of withdrawal, regardless of the length of time the funds withdrawn have remained in the certificate.
2) Certificates of 30 to 69 days: If a certificate is withdrawn prior to its original, renewed or extended maturity, the depositor shall forfeit an amount equal to
one months interest on the amount withdrawn at the interest rate being paid on the certificate at the time of withdrawal, regardless of the length of time the
funds withdrawn have remained in the certffi ate.
3) Certificates of 3 months or more but less than 1 year: If a certificate is withdrawn prior to its original, renewed or extended maturity, the depositor shall
forfeit an amount equal to three months interest on the amount withdrawn at the interest rate being paid on the certificate at the time of withdrawal, regardless
of the length of time the funds withdrawn have remained in the certificate.
4) Certificates of 1 year or more: If a certificate is withdrawn prior to its original, renewed or extended maturity, the depositor shall forfeit an amount equal to
the greater of (1) six months interest on the amount withdrawn at the interest rate being paid on the certificate at the time of withdrawal, regardless of the
length of time the funds withdrawn have remained in the certificate, or (2) the Market Yield Adjustment.
The Market Yield Adjustment is calculated as follows:
(1) Determine the remaining term of the certificate in whole months and divide by 12. This is the Time Factor.
(2) Determine the average Treasury Constant Maturity Index (TCMI) rate for the previous week as provided by the Federal Reserve Banks H-15 statistical
release (or its equivalent if the H-15 release is discontinued). Use the rate for the TCMI term equal to the remaining term of the certificate, or the next
longer TCMI term if the remaining term of the certificate is not equal to a term published by the Federal Reserve Bank.
(3) Subtract the current interest rate being paid on the certificate from the TCMI rate determined in step 2. This Is the Rate Factor.
(4) Multiply the Rate Factor determined in step 3 by the amount of principal being withdrawn and by the Time Factor determined in step 1. The result is the
'Markel Yield Adjustment".
The TCMI rates are available from any Federal Reserve Bank or from any First Bank office.
By:
Authonzed Bank Signature
Customer Receipt etc-tztsoa
n
LJ
MEMORANDUM
TO: Meg Monahan, City Clerk
FROM: Sam Shoucair, Senior Engineer
•
April 1, 2004
SUBJECT: Sureties associated with Eichler Agreement dated January 20, 2004
The partial surety, provided by Glenn Eichlerfor the subject agreement, has been reviewed
by Engineering and building department staff and by the City Attorney and was determined
under special circumstances to be acceptable for its intented use. This surety will only
cover the work associated with the street improvement along the Eichler property frontage.
Priorto releasing the remaining $46,600 and the commencement of any construction work
on the drainage channel improvement, (indicated in attached exhibit "A"), the
Developer/Eichler will be required to post the appropriate bonds in accordance with the
executed Agreement.
Attachments
cc. John Shaw
Bill Huber
Maria Guevara
C:\MyFiles\Memos-Conditions\Bond matters with City Clerk\2004- Eichler Agreement- surety.wpd
n
PUBLIC IMPROVEMENT AGREEMENT
ASSOCIATED WITH THE DEVELOPMENT OF
ASSESSOR PARCEL NUMBER: 666-048-12 & 13
AT 31810 AND 31812 SAN JUAN CREEK ROAD
EXHIBIT "A"
WORKS OF IMPROVEMENT
Type of Improvements:
Street and Appurtenant Improvements
Storm Drain Channel Improvements
and Trail / Maintenance Road
Estimated Construction Cost
Or Bond Amount
$25,800
$46,600
0
Maria Guevara
To: Dottie Crawford; Joan Ross
Cc: Sam Shoucair
Subject: Release of check
Hi,
Please release partial payment of $25,800 to C
provides bonds for the remaining construction
Thank you.
Maria Guevara, Secretary
City of San Juan Capistrano
City Clerk Division
(949) 443-6309
0 0
INTER -D ARTMENTAL MEMORANDUM
TO: John ShyReiew
orney FROM: 14"14
DEPT: City Atto/ DEPT: C ( kt{
SUBJECT: Docume` DATE:—3 / 2�
PHONE EXT:
ATTACHED ARE THE
agrapment, etc.):
describe document, i.e.
consultant
PLEASE:
(2) For your review and comment
(3) For your information
(4) As requested
(5)
(A) Keep for your files [ ]
(A) When completed, return to:
M9-� k (0041ffAExt.
(C) Date/Time needed:
CITY ATTORNEY'S COMMENTS
I
AN
�y]• • i
+ �W�o
[ ] 775 V4 (s okK
v
6121 d�
2 9 2004
�pU
0
0
CONFIRMATION OF CERTIFICATE OF DEPOSIT
NON-NEGOTIABLE AND NON TRANSFERABLE Account No.: 435660000583
ISSUED TO: DEPOSITOR NAMES AND ACCOUNT ADDRESS
First Bank dba First Bank & Trust
JOHN W LLOYD For The Benefit Of The City Of San Juan Capistrano
27221 ORTEGA HWY STE E #348, SAN JUAN CAPISTRANO, CA 92675
25461 Rancho Niguel Rd
Laguna Niguel, CA 92677-
(949)448-5180
Member FDIC
ISSUE DATE
I MATURITY DATE
TERMS.S./T.I.N.e
AUTOMATICALLY
RENEWABLE
RENEW
DEPOSIT AMOUNT
2/18/04
05/18/2004
3 Month(s)
554-42-2413
$ 25,800.00
❑ SING�MATURRY
Interest will be paid at the rate of 1.050 percent with an annual percentage yield of 1.05 percent.
Interest payment frequency: every 1 Month(s) 10 compounded/added to account
❑ payable to account number
❑ pay by check
The minimum deposit and minimum balance required to earn the stated annual percentage yield is $2,500.00 for certificate terms of 7-89 Days, 5 Months and 7
Months, and $1,000.00 for all other terms.
TERMS AND CONDITIONS
1. Words or phrases preceded by a ❑ are applicable only if the ❑ is marked. Phrases containing a blank space which is not filled in or completed with an N/A
are not applicable.
2. The certificate is payable to the Depositor, or, if more than one, to either or any of them, or the survivors or survivor, on a maturity date. The Depository
Institution is under no obligation to permit withdrawals by anyone other than the persons described above.
3. The interest rale for your certificate will be paid until the maturity date.
4. The certificate bears simple interest at the rate and basis set forth above. Interest is acomed daily and will be Compounded and credited to your account
according to the terms set forth above.
5. Interest begins to accrue on the business day you deposit non-cash items, such as checks.
6. After the certificate is opened, you may not make deposits into or withdrawals until the maturity date.
7. If the deposit is withdrawn before the maturity date, a penalty may be imposed. Refer to the penalty disclosure below for early withdrawal assessment.
8. We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.
9. The annual percentage yield assumes principal and interest will remain on deposit until maturity. A withdrawal will reduce earnings.
10. No right in, or title to the deposit on this Confirmation of Certificate of Deposit is transferable, except on the books of the Depository Institution.
11. All terms of this certificate are subject to the applicable present and future laws and regulations of the state in which the office of the Bank which maintains
your account is located and by federal law and any U.S. agency or instrumentality thereof, and all rules, regulations and practices now or hereafter adopted
by the Depository Institution with respect hereto.
12. Depositor has contracted to keep the funds evidenced by this Confirmation of Certificate of Deposit on deposit from the Issue Date until the Maturity Date of
the certificate. Acceptance of a request by Depositor for a withdrawal of the funds prior to the Maturity Date is at the discretion of the Depository Institution.
13. Automatically Renewable Certificates renew automatically on the Maturity Date. If the term of the account is greater than 29 days, you have a grace period
at ten (10) calendar days after the maturity date to withdraw the funds without being charged a penally. If the term of the account is 29 days or less, you
have a grace period of one (1) calendar day to withdraw the funds without being charged a penalty. If you withdraw the funds during the grace period, you
will forfeit any interest accrued after the automatic renewal. For automatic renewals of the certificate, interest will be paid at the rate then in effect at the
Depository Institution for similar deposits and any such renewals will be for a time period equal to the original term and subject to these terms and conditions.
14. Single Maturity Certificates are non-renewable at maturity and the funds on deposit in your certificate will be placed in a non-interest bearing account. No
interest will be paid on the deposit after maturity.
EARLY WITHDRAWAL PENALTY:
An early withdrawal penally may be assessed to depositors who withdraw their certificate prior to its scheduled maturity. In no event shall such penalty be less
than seven (7) days simple interest on the certificate amount.
The following is an explanation of our penalty.
1) Certificates of 29 days or less: If a certificate is withdrawn prior to its original, renewed or extended maturity, the depositor shall forfeit an amount equal to
the amount of interest on the amount withdrawn that would have been earned for the full term of the certificate at the interest rate being paid on the certificate
at the time of withdrawal, regardless of the length of time the funds withdrawn have remained in the certifcate.
2) Certificates of 30 to 89 days: If a certifcale is withdrawn prior to its original, renewed or extended maturity, the depositor shall forfeit an amount equal to
one months interest on the amount withdrawn at the interest rate being paid on the certificate at the time of withdrawal, regardless of the length of time the
funds withdrawn have remained in the certificate.
3) Certificates of 3 months or more but less than 1 year: If a certificate is withdrawn prior to its original, renewed or extended maturity, the depositor shall
forfeit an amount equal to three months interest on the amount withdrawn at the interest rate being paid on the certificate at the time of withdrawal, regardless
of the length of time the funds withdrawn have remained in the certificate.
4) Certificates of 1 year or more: If a certificate is withdrawn prior to its original, renewed or extended maturity, the depositor shall forfeit an amount equal to
the greater of (1) six months interest on the amount withdrawn at the interest rate being paid on the certificate at the time of withdrawal, regardless of the
length of time the funds withdrawn have remained in the certificate, or (2) the Market Yield Adjustment.
The Market Yield Adjustment is calculated as follows:
(1) Determine the remaining term of the certificate in whole months and divide by 12. This is the "Time Factor'.
(2) Determine the average Treasury Constant Maturity Index (TCMI) rain for the previous week as provided by the Federal Reserve Bank's H-15 statistical
release (or its equivalent if the H-15 release is discontinued). Use the rate for the TCMI term equal to the remaining term of the certificate, or the next
longer TCMI term if the remaining term of the certificate is not equal to a term published by the Federal Reserve Bank.
(3) Subtract the current interest rate being paid on the certificate from the TCMI rate determined in step 2. This is the Rate Factor.
(4) Multiply the Rale Factor determined in step 3 by the amount of principal being withdrawn and by the Time Factor determined in step 1. The result is the
"Market Yield Adjustment".
The TCMI rates are available from any Federal Reserve Bank or from any First i3ank office.
By:
Authorizetl Bank Signature
Customer Receipt FLr-121509
RECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO:
Margaret R. Monahan, City Clerk
Recorded in Official Records, County of Orange
City San Juan Capistrano
Tom Daly, Clerk -Recorder
324000 Paseo Adelanto
IIIIIIIIIIIIIIIIII I IIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIII IIIINO
FEE
San Juan Capistrano, CA 92675
200400007828101:59pm 02/02104
200 91 Al2 11
Exempt from Recording Fees:
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Gov Code 27383 & 6103
City of San Juan Capistrano
This Space for Recorder's Use Only
l�
Title of Document: Financial agreement
for right-of-way acquisition in exchange for
construction of public improvements at 31810 and 31812 San Juan Creek Road, Glenn
tt�
Eichler (Assessor Parcel Number:
666-048-12 & 13
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FINANCIAL AGREEMENT FOR RIGHT-OF-WAY ACQUISITION
IN EXCHANGE FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS
AT 31810 AND 31812 SAN JUAN CREEK ROAD, GLENN EICHLER,
(ASSESSOR PARCEL NUMBER: 666-048-12 &131
THIS FINANCIAL AGREEMENT ("Agreement") is made and entered into this 20th
day of January, 2004, by and between the City of San Juan Capistrano, a Municipal
Corporation, hereinafter referred to as the "City' and Glenn and Kathy Eichler, and Rick
and Diann Eichler, whose mailing address is 30448 Rancho Viejo Road, Suite 110, San
Juan Capistrano, California 92675, herein referred to as "Developer".
WITNESSETH
WHEREAS, in connection with development of its land, Developer has applied for
and was granted a Lot Line Adjustment to accommodate two single family detached
residential homes located on 31810 and 31812 San Juan Creek Road respectively; and,
WHEREAS, the City has an interest in facilitating the street widening and
appurtenances on San Juan Creek Road along the frontage of the subject properties,
specifically referred to as Assessor Parcel Numbers 666-048-12 and 13 respectively; and,
WHEREAS, the Developer has an interest in reducing the width of an existing
public drainage/equestrian trail easement on Developer's south westerly side of property
and has agreed to design and construct, at Developer's cost, certain modifications to an
existing storm drain channel located within said easement; and,
WHEREAS, the City requires that the design and construction of said modification
to the existing storm drain channel within the drainage/equestrian trail easement would
continue to provide, at minimum, a 12 foot wide equestrian trail/maintenance access; and,
WHEREAS, the Developer has agreed to dedicate to the City the necessary public
right-of-way for ultimate street width and utilities purposes and to construct, to the
satisfaction of the City Engineer, street improvements and all related appurtenances along
said properties' frontages, based upon City payment of $109,050, of which $73,750.00 are
for right-of-way acquisition and $35,300 for partial financial participation towards the
relocation of an existing drainage culvert which would be interfering with the proposed
widened street, and also based upon City waving the following fees:
Any in-house plan check and inspection fees for the street widening and drainage
improvement. (Third party review of Soils Reports, Drainage Improvement Plans
and Hydrology Hydraulic Studies shall be subject to fee payment);
2. City processing fees for abandonment of section of drainage easement;
3. City processing fees for acceptance of public right -of way for San Juan Creek Road.
WHEREAS, the $73,750.00, described above, represents the City approved
appraisal amount for the subject right-of-way acquisition, paid to the City by Citibank
(Formerly Glendale Federal Savings and Loan) in order to meet the conditions of approval
set forth in City Council Resolution 86-6-17-4, for the development of Tentative Tract Map
12633 by the Subdivider, Dividend Development Company; and,
WHEREAS, City desires to assure that said proposed street widening and channel
improvements will be done per City approved plans and in a good workmanlike manner
and in accordance with the codes now in force and effect in the City of San Juan
Capistrano, California, the terms and conditions of which are incorporated herein by
reference.
NOW, THEREFORE, in consideration of the premises and promises hereinafter
contained, City and Developer agree as follows:
SECTION 1. PAYMENT AGREEMENT.
Upon receiving the following items from the Developer, the City shall then process, for
payment to the Developer, the amount of $73,750.00 for the right-of-way dedication along
the street frontages of Assessor Parcel Numbers 666-048-12 and 666-048-13.
The proper right-of-way dedication documentation
2. City approved Street & Storm Drain Improvement Plans, as specified in
Section 2 below
Sureties for all the works of improvement, as specified in Section 3 below.
SECTION 2. DEVELOPER'S OBLIGATIONS.
Developer shall dedicate to the City, for ultimate street width (to back of
proposed sidewalk along San Juan Creek Road) and utility purposes, the
necessary public right-of-way along Developer properties' frontages to
accommodate, to the satisfaction of the City Engineer, a secondary Arterial
Highway.
2. Developer shall, at his own cost and expense, provide all required tests,
design work, equipment, materials and labor in order to complete all of the
works of improvement (the "Works of Improvement"), set forth in Exhibit "A",
to the satisfaction of the City Engineer. Such work of improvement shall
include but not be limited to the construction of street widening
improvements, sidewalk, curb and gutter, relocation of an inlet culvert
structure and all related appurtenances. The Encroachment Permit and
Street Improvement Plans, which further defines the improvements in Exhibit
"A", are on file in the office of the City Engineer, and all documents
referenced in Exhibit "A" are incorporated herein by reference.
SECTION 3. DEVELOPER'S SECURITY.
Developer shall, at all times beginning with the execution of this agreement,
guarantee Developer's performance of this agreement by providing City with the following
security instruments (the "Security Instruments"), on forms approved by City for the
purposes and in the amounts as follows:
(1) A Faithful Performance Bond to ensure faithful performance of this
agreement in regard to said improvements in the amount of 100% of the
estimated cost of construction of the improvements; and
(ii) A Labor and Materials Bond to secure payment to any contractor,
subcontractor, persons renting equipment orfurnishing laboror materials for
the improvements required to be constructed or installed pursuant to this
agreement in the additional amount of 100% of the estimated cost of
construction of the improvements;
In order to guarantee and warranty the Works of Improvement and in addition to the
security instruments referenced in Paragraph 3 above, Developer shall provide to City the
following Security Instruments:
(1) Prior to the City's final acceptance of the Works of Improvement, Developer
shall provide to City a Warranty Bond for Works of Improvement warranting
the accepted Works of Improvement for a period of one (1) year following
said acceptance against any defective work or labor done or defective
F_,
11
material furnished. The amount of such Warranty Bond for Works of
Improvement shall be equal to twenty-five percent (25%) of the estimated
construction cost set forth in Exhibit "A", or a suitable amount determined by
the City Engineer.
SECTION 4. INDEMNITY AND HOLD HARMLESS.
Developer shall indemnify, defend and hold harmless the City of San Juan
Capistrano and their respective officers, officials, employees and agents from and against
any and all liability, loss, damage, expense, costs (including without limitation, attorneys'
fees and costs, and fees of litigation) of every nature arising out of or in connection with
Developer's use of this Agreement and Developer's performance of work hereunder or its
failure to comply with any of its obligations contained in this Agreement.
SECTION 5. TERM.
This Agreement shall continue in full force and effect until all work is complete and
accepted by the City Engineer. Upon completion and acceptance of work, this Agreement
shall terminate and all obligations of the City and the Developer will be considered met
provided the City or the Developer is not in default hereunder or under the terms of the
Note.
SECTION 6. ATTORNEY'S FEES.
In the event of any litigation between the parties arising out of or related to this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs,
in addition to whatever other relief such party may be granted.
SECTION 7. FORCE MAJEURE.
None of the parties hereto shall be deemed to be in default if performance of the
obligations required by this Agreement is delayed or becomes impossible because of any
act of God, earthquake, fire, strike, sickness, accident, civil commotion, epidemic, act of
government, its agencies or officers, or any legitimate cause beyond the control of the
parties.
SECTION 8. NOTICES.
All notices required to be delivered under this Agreement or by law shall be
delivered by one of the following means: (i) by personal delivery, (ii) by a reputable
document delivery service that provides a receipt showing date and time of delivery, (iii)
by United States mail, prepaid, certified, return receipt requested, or (iv) by facsimile
transmission, if a fax number is listed below, and so long as the original of the notice is
concurrently delivered by one of the other acceptable methods. Notices shall be addressed
rd
as follows:
If to City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: City Clerk
Telephone Number: (714) 493-1171
Fax Number: (714) 493-1053
If to Developer: Glenn and Rick Eichler
30448 Rancho Viejo Road, Suite 110
San Juan Capistrano, CA 92675
Telephone Number: (949) 248-5459
Fax Number: (949) 248-0889
Notices delivered by personal delivery, reputable document delivery service, or
facsimile transmission in accordance with the terms of this Section shall be effective upon
receipt. Notices delivered by mail shall be effective at the earlier of (i) actual receipt, or (ii)
if not deliverable, the date of first attempted delivery. The parties hereto may from time to
time designate such other address or addresses for receipt of notices by giving notice in
accordance with the terms of this Section.
SECTION 9. NO ASSIGNMENT.
Developer shall not assign or transfer this Agreement to any person, firm, or entity
without the prior written consent of City, which consent City may give or withhold in its sole
and absolute discretion.
SECTION 10. ENTIRE AGREEMENT.
This Agreement contains the entire agreement and understanding of the parties
concerning the subject matter herein. This Agreement constitutes the entire understanding
and agreement of the parties, integrates all of the terms and conditions mentioned herein
or incidental hereto, and supersedes all negotiations or previous agreements between the
parties with respect to all or any part of the subject matter hereof.
IN WITNESS WHEREOF, two (2) identical counterparts of this agreement, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Developer herein named on the day of , 2004, the name and
corporate seal of each corporate party being hereto affixed and these presents duly signed
by its undersigned representative(s) pursuant to authority of its governing body.
0
107:9Awo]ZIAZ
By: A- ._
&1 hn Eichler,
By:.:' lLII(i%
Kathy Eichler,
By:, ( a L
Rick Eichler,
By: kCQ�
Diann Eichler,
(Attach Notary Acknowledgment)
Attachment: Exhibit "A"
9
CITY OF SAN JUAN CAPISTRANO
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CuffiffG 119
APPROVED AS TO FORM
TY ATTORNEY
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Q� ss.
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•
On 15 &cC before me, O�.� Lv�c�9,�rv. rbc 1'vigtac ,
Data I Name and Title of OPocer (e.g., "Jane Doe, N ublic)
personally appeared kti" OL_ c -it
❑ pessonally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) ire
subscribed to the within instrument and
acknowledged to me that W2fre/they executed
the same in bis/hertheir authorized
capacity(ies), and that by ,bts/ki5rTtheir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my handandofficial seal.
�y�rc1 �L9..Iv�c�9.u.Jcri.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
01999 National Notary Assocaton • 9350 De Solo Ave., P0. Box 2402 • Clvtswonb, CA 913132402 • x ,alionalnotao org Prod No. 5907 Reorder: Call Toll -Free 1801
0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Q�
0
On before me,n
pate Name and Title of Officer (e g., 'Jane Doe, Notary Public"
personally appeared
-n�— rsonally known to me
CI proved to me on the basis of satisfactory
evidence
*MYANNE ANDERSON to be the person(s) whose name(s) ire
Commis m#12=41 subscribed to the within instrument and
Notary Public - CdMbaft acknowledged to me that he%attb/they executed
Orange County – the same in his/ herTtheir authorized
Con"n•Mar13,=t capacity(ies), and that by I}is/ er/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WIT ESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Repre5enting:
Number of Pages:
RIGHT THUMBPRINT
OF SIGNER
01999 National Notary Assorefuno • 9350 W Solo Ave., P.O. Box 2002 • Cbals onb. CA 913132402 • vmw.lwlionalr ary.org Prot. No. 597 Reorder: Call Toll -Free 1600.6]6-682]
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1 181)
On January 20, 2004, before me, Margaret R. Monahan, Cites, personally appeared Joe Soto
Mayor , personally known tome to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted, executed
the instrument.
(SEAL)
WITNESS my hand and official seal.
R. Monahan, City Clerk
OPTIONAL
Capacity Claimed by Signers Description of Attached Document
Financial Agreement for right of way
Mayor acquisition.....(31810 & 31812 San Juan
Creek Road, Eichler— APN 666-048-12 & 13
Title Title or Type of Document
Signers are Representing
City of San Juan Capistrano January 20, 2004
Date of Document
PUBLIC IMPROVEMENT AGREEMENT
ASSOCIATED WITH THE DEVELOPMENT OF
ASSESSOR PARCEL NUMBER: 666-048-12 & 13
AT 31810 AND 31812 SAN JUAN CREEK ROAD
EXHIBIT "A"
WORKS OF IMPROVEMENT
Type of Improvements:
Street and Appurtenant Improvements
Storm Drain Channel Improvements
and Trail / Maintenance Road
7
Estimated Construction Cost
Or Bond Amount
$25,800
$46,600
CITY OF SAN JUAN CAPISTRANO
INTER -DEPARTMENTAL MEMORANDUM
TO: John Shaw, City Attorney
DEPT: City Attorney
SUBJECT: Document Review
FROM:�(/_U�l
DEPT: C T LL to (z K
DATE:
PHONE EXT:
NOTE: IF THIS IS A "RUSH" ITEM. PLEASE COMPLETE IN RED INK
ATTACHED ARE THE FOLLOWING (please describe document, i.e. agreement, contract, consultant
agrp9ment, etc.): i — n 4 ,1 _
PLEASE:
(1) For your approval and
(2) For your review and comment [ ] 37D Mtd OK
(3) For your information
(4) As requested
(5)
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[ ] &9,4 .
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(A) Keep for your files [ ]
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(A) When completed, return to: [ ]Y
ar�A Ext. ,3� c� �► Q ,ov k
(C) Date/Time needed:
CITY ATTORNEY'S COMMENTS
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32400 PASEO ADELANTo
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 4931053 FAx
www.sanjuancapistrano.org
�1, 2004
Not Compar;;,; C;=Y
ed with Original
Clerk -Recorder's Office
County of Orange
P.O. Box 238
Santa Ana, California 92701
dwan
ii
In(H IOAAIiI
•
EST lluSIT a 1961
1776
MEMBERS OF THE CITY COUNCIL
CITY MANAGER
DIANE L. BATHGATE
JOHN S. GELFF
WYAT HART
JOE SOTO
DAVID M. SWERDLIN
DAVE ADAMS
Recorded in Official Records, County of Orange
Tom Daly, Clerk -Recorder
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIllillllllllllllllllllNO FEE
200400007828101:59pm 02102104
200 91 Al2 11
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Re: Financial agreement for right-of-way acquisition in exchange for construction of
public improvements at 31810 and 31812 San Juan Creek Road, Glenn Eichler
(APN 666-048-12 & 13
SENT VIA CERTIFIED MAIL CONFORMED COPY
Not Compared with Original
The noted document is enclosed for recording:
When placed of record, please return the recorded document to this office.
A duplicate copy of this letter is enclosed. Please stamp Document Number and date of
recording on the duplicate letter and return it to this office in the enclosed, stamped,
self-addressed envelope at your earliest convenience.
Thank you for your assistance.
Very truly yours
ity
William M. Huber, Engineering and Building Director
Sam Shoucair, Senior Engineer
San Juan Capistrano: Preserving the Past to Enhance the Future
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 4931171
(949) 493.1053 FAx
www.sanjuancapistrano.org
January 21, 2004
Clerk -Recorder's Office
County of Orange
P.O. Box 238
Santa Ana, California 92701
dewe
j IIIDRRORIRR
• R" STRmsRG 1961
1776
MEMBERS OF THE CITY COUNCIL
CITY MANAGER
DIANE L. 13ATHGATE
JOHN S. GELFF
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
DAVEADAMS
Re: Financial agreement for right-of-way acquisition in exchange for construction of
public improvements at 31810 and 31812 San Juan Creek Road, Glenn Eichler
(APN 666-048-12 & 13
SENT VIA CERTIFIED MAIL
The noted document is enclosed for recording:
When placed of record, please return the recorded document to this office.
A duplicate copy of this letter is enclosed. Please stamp Document Number and date of
recording on the duplicate letter and return it to this office in the enclosed, stamped,
self-addressed envelope at your earliest convenience.
Thank you for your assistance.
Very truly yours
J
)g and Building Director
eer
Preserving the Past to Enhance the Future
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.san/uancapistrano.org
January 21, 2004
waft �, !
I�
mmnronmm
• Isanausnao 1 1961
1776
NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
MEMBERS OF THE CITY COUNCIL
CITY MANAGER
DIANE L. BATHGATE
JOHN S. GELFF
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
DAVE ADAMS
On January 20, 2004 the City Council of San Juan Capistrano met regarding:
"Consideration of a Financial Agreement for the Construction of Street Frontage
Improvements at 31810 and 31812 San Juan Creek Road, (Glenn & Rick Eichler)"
Item No. G 2b
The following action was taken at the meeting: Final agreement with Glenn and Rick
Eichler and their respective spouses for constructing street frontage
improvements approved; the Mayor authroized to execute the agreement; and the
City Clerk directed to forward the agreement to the Orange County Recorder for
recordation.
The approved agreement will be forwarded to the Recorder today. This process
takes approximately 3 weeks. A copy of the recorded document will be forwarded
to appropriate parties, by Sam Shoucair, when received by the City.
If you have any questions regarding this action, please contact Sam Shoucair, Senior
Engineer at 443-6355 for more detailed information.
Thank you,
Me Monaan, CMC
Citk Clerk
Cc: Glenn and Rick Eichler'; William M. Huber, Engineering and Building Director;
Sam Shoucair, Senior Engineer
San Juan Capistrano: Preserving the Past to Enhance the Future
0
RECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO:
Margaret R. Monahan, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov Code 27383 & 6103
City of San Juan Capistrano
0
This Space for Recorder's Use Only
Title of Document: Financial agreement for right-of-way acquisition in exchange for
construction of public improvements at 31810 and 31812 San Juan Creek Road, Glenn
Eichler (Assessor Parcel Number: 666-048-12 & 13
•
FINANCIAL AGREEMENT FOR RIGHT-OF-WAY ACQUISITION
IN EXCHANGE FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS
AT 31810 AND 31812 SAN JUAN CREEK ROAD, GLENN EICHLER,
(ASSESSOR PARCEL NUMBER: 666-048-12 &131
THIS FINANCIAL AGREEMENT ("Agreement') is made and entered into this 20th
day of January, 2004, by and between the City of San Juan Capistrano, a Municipal
Corporation, hereinafter referred to as the "City" and Glenn and Kathy Eichler, and Rick
and Diann Eichler, whose mailing address is 30448 Rancho Viejo Road, Suite 110, San
Juan Capistrano, California 92675, herein referred to as "Developer".
WITNESSETH
WHEREAS, in connection with development of its land, Developer has applied for
and was granted a Lot Line Adjustment to accommodate two single family detached
residential homes located on 31810 and 31812 San Juan Creek Road respectively; and,
WHEREAS, the City has an interest in facilitating the street widening and
appurtenances on San Juan Creek Road along the frontage of the subject properties,
specifically referred to as Assessor Parcel Numbers 666-048-12 and 13 respectively; and,
WHEREAS, the Developer has an interest in reducing the width of an existing
public drainage/equestrian trail easement on Developer's south westerly side of property
and has agreed to design and construct, at Developer's cost, certain modifications to an
existing storm drain channel located within said easement; and,
WHEREAS, the City requires that the design and construction of said modification
to the existing storm drain channel within the drainage/equestrian trail easement would
continue to provide, at minimum, a 12 foot wide equestrian trail/maintenance access; and,
WHEREAS, the Developer has agreed to dedicate to the City the necessary public
right-of-way for ultimate street width and utilities purposes and to construct, to the
satisfaction of the City Engineer, street improvements and all related appurtenances along
said properties' frontages, based upon City payment of $109,050, of which $73,750.00 are
for right-of-way acquisition and $35,300 for partial financial participation towards the
• •
relocation of an existing drainage culvert which would be interfering with the proposed
widened street, and also based upon City waving the following fees:
Any in-house plan check and inspection fees for the street widening and drainage
improvement. (Third party review of Soils Reports, Drainage Improvement Plans
and Hydrology Hydraulic Studies shall be subject to fee payment);
2. City processing fees for abandonment of section of drainage easement;
3. City processing fees for acceptance of public right -of way for San Juan Creek Road.
WHEREAS, the $73,750.00, described above, represents the City approved
appraisal amount for the subject right-of-way acquisition, paid to the City by Citibank
(Formerly Glendale Federal Savings and Loan) in order to meet the conditions of approval
set forth in City Council Resolution 86-6-17-4, for the development of Tentative Tract Map
12633 by the Subdivider, Dividend Development Company; and,
WHEREAS, City desires to assure that said proposed street widening and channel
improvements will be done per City approved plans and in a good workmanlike manner
and in accordance with the codes now in force and effect in the City of San Juan
Capistrano, California, the terms and conditions of which are incorporated herein by
reference.
NOW, THEREFORE, in consideration of the premises and promises hereinafter
contained, City and Developer agree as follows:
SECTION 1. PAYMENT AGREEMENT.
Upon receiving the following items from the Developer, the City shall then process, for
payment to the Developer, the amount of $73,750.00 for the right-of-way dedication along
the street frontages of Assessor Parcel Numbers 666-048-12 and 666-048-13.
The proper right-of-way dedication documentation
2. City approved Street & Storm Drain Improvement Plans, as specified in
Section 2 below
3. Sureties for all the works of improvement, as specified in Section 3 below.
2
SECTION 2. DEVELOPER'S OBLIGATIONS.
1. Developer shall dedicate to the City, for ultimate street width (to back of
proposed sidewalk along San Juan Creek Road) and utility purposes, the
necessary public right-of-way along Developer properties' frontages to
accommodate, to the satisfaction of the City Engineer, a secondary Arterial
Highway.
2. Developer shall, at his own cost and expense, provide all required tests,
design work, equipment, materials and labor in order to complete all of the
works of improvement (the "Works of Improvement"), set forth in Exhibit "A",
to the satisfaction of the City Engineer. Such work of improvement shall
include but not be limited to the construction of street widening
improvements, sidewalk, curb and gutter, relocation of an inlet culvert
structure and all related appurtenances. The Encroachment Permit and
Street Improvement Plans, which furtherdefines the improvements in Exhibit
"A", are on file in the office of the City Engineer, and all documents
referenced in Exhibit "A" are incorporated herein by reference.
SECTION 3. DEVELOPER'S SECURITY.
Developer shall, at all times beginning with the execution of this agreement,
guarantee Developer's performance of this agreement by providing City with the following
security instruments (the "Security Instruments"), on forms approved by City for the
purposes and in the amounts as follows:
(1) A Faithful Performance Bond to ensure faithful performance of this
agreement in regard to said improvements in the amount of 100% of the
estimated cost of construction of the improvements; and
(ii) A Labor and Materials Bond to secure payment to any contractor,
subcontractor, persons renting equipment orfurnishing labor or materials for
the improvements required to be constructed or installed pursuant to this
agreement in the additional amount of 100% of the estimated cost of
construction of the improvements;
In order to guarantee and warranty the Works of Improvement and in addition to the
security instruments referenced in Paragraph 3 above, Developer shall provide to City the
following Security Instruments:
(1) Prior to the City's final acceptance of the Works of Improvement, Developer
shall provide to City a Warranty Bond for Works of Improvement warranting
the accepted Works of Improvement for a period of one (1) year following
said acceptance against any defective work or labor done or defective
3
0
material furnished. The amount of such Warranty Bond for Works of
Improvement shall be equal to twenty-five percent (25%) of the estimated
construction cost set forth in Exhibit "A", or a suitable amount determined by
the City Engineer.
SECTION 4. INDEMNITY AND HOLD HARMLESS.
Developer shall indemnify, defend and hold harmless the City of San Juan
Capistrano and their respective officers, officials, employees and agents from and against
any and all liability, loss, damage, expense, costs (including without limitation, attorneys'
fees and costs, and fees of litigation) of every nature arising out of or in connection with
Developer's use of this Agreement and Developer's performance of work hereunder or its
failure to comply with any of its obligations contained in this Agreement.
SECTION 5. TERM.
This Agreement shall continue in full force and effect until all work is complete and
accepted by the City Engineer. Upon completion and acceptance of work, this Agreement
shall terminate and all obligations of the City and the Developer will be considered met
provided the City or the Developer is not in default hereunder or under the terms of the
Note.
SECTION 6. ATTORNEY'S FEES.
In the event of any litigation between the parties arising out of or related to this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs,
in addition to whatever other relief such party may be granted.
SECTION 7. FORCE MAJEURE.
None of the parties hereto shall be deemed to be in default if performance of the
obligations required by this Agreement is delayed or becomes impossible because of any
act of God, earthquake, fire, strike, sickness, accident, civil commotion, epidemic, act of
government, its agencies or officers, or any legitimate cause beyond the control of the
parties.
SECTION 8. NOTICES.
All notices required to be delivered under this Agreement or by law shall be
delivered by one of the following means: (i) by personal delivery, (ii) by a reputable
document delivery service that provides a receipt showing date and time of delivery, (iii)
by United States mail, prepaid, certified, return receipt requested, or (iv) by facsimile
transmission, if a fax number is listed below, and so long as the original of the notice is
concurrently delivered by one of the other acceptable methods. Notices shall be addressed
M
E
as follows:
0
If to City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: City Clerk
Telephone Number: (714) 493-1171
Fax Number: (714) 493-1053
If to Developer: Glenn and Rick Eichler
30448 Rancho Viejo Road, Suite 110
San Juan Capistrano, CA 92675
Telephone Number: (949) 248-5459
Fax Number: (949) 248-0889
Notices delivered by personal delivery, reputable document delivery service, or
facsimile transmission in accordance with the terms of this Section shall be effective upon
receipt. Notices delivered by mail shall be effective at the earlier of (i) actual receipt, or (ii)
if not deliverable, the date of first attempted delivery. The parties hereto may from time to
time designate such other address or addresses for receipt of notices by giving notice in
accordance with the terms of this Section.
SECTION 9. NO ASSIGNMENT.
Developer shall not assign or transfer this Agreement to any person, firm, or entity
without the prior written consent of City, which consent City may give or withhold in its sole
and absolute discretion.
SECTION 10. ENTIRE AGREEMENT.
This Agreement contains the entire agreement and understanding of the parties
concerning the subject matter herein. This Agreement constitutes the entire understanding
and agreement of the parties, integrates all of the terms and conditions mentioned herein
or incidental hereto, and supersedes all negotiations or previous agreements between the
parties with respect to all or any part of the subject matter hereof.
IN WITNESS WHEREOF, two (2) identical counterparts of this agreement, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Developer herein named on the day of , 2004, the name and
corporate seal of each corporate party being hereto affixed and these presents duly signed
by its undersigned representative(s) pursuant to authority of its governing body.
0
DEVELOPER
By:,
j�hn Eichler,
By: (`i o l✓� t: f t 1-
Kathy Pchler,
B-
y:
Rick Eichler,
By: b6L ww X4�
Diann Eichler,
(Attach Notary Acknowledgment)
Attachment: Exhibit "A"
0
0
CITY OF SAN JUAN CAPISTRANO
APPROVED AS TO FORM
7 Y ATTORNEY
Ll
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
•
On 1S N�tet_e_� before me,
Dale n Name and Title of Officer (e.g., 'Jane Doe, N ublic')
personally appeared 1,v <k c -'a
'IRT �`-
`-All
1
❑ prsonally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) ire
subscribed to the within instrument and
acknowledged to me that W..8he/they executed
the same in 1,A/her/fheir authorized
capacity(ies), and that by Aislesheir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my handl/ land official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
01999 Na4onal Notary Association • We De Soto Ave.. PO, Box 2002 • Chlewmtb, CA 91313 24 02 • vn raticalnMary.a,, P. N. 5907 Reorder. Cell Tot-Frea 1300.37& 7
0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
0
On l5 before me,�
Date Name and Title of OtBcer (a g.,'Jane Doe, Notary Public'
personally appeared \�-�'
Namo(s) of Signe
onally known to me
C proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) ire
subscribed to the within instrument and
acknowledged to me thatAe(etre/they executed
the same in his/W-rtheir authorized
capacity(ies), and that by i is/ er//their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WIT ESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
01999 National Notary Association • 935D De Soto Ave., PD. Box 2402 • Cratswortb CA 91313-2402 • w aiitionalnotary or9 Pard No. 5907 Barrel Call TollFree1-900.3]56929
0 0
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 118 1)
On January 20, 2004, before me, Margaret R. Monahan, City Clerk, personally appeared Joe Soto
Mayor , personally known tome to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted, executed
the instrument.
(SEAL)
WITNESS my hand and official seal.
R. Monahan, City Clerk
OPTIONAL
Capacity Claimed by Signers Description of Attached Document
Financial Agreement for right of way
Mayor acquisition.....(31810 & 31812 San Juan
Creek Road, Eichler — APN 666-048-12 & 13
Title Title or Type of Document
Signers are Representing
City of San Juan Capistrano January 20, 2004
Date of Document
0
•
PUBLIC IMPROVEMENT AGREEMENT
ASSOCIATED WITH THE DEVELOPMENT OF
ASSESSOR PARCEL NUMBER: 666-048-12 & 13
AT 31810 AND 31812 SAN JUAN CREEK ROAD
EXHIBIT "A"
WORKS OF IMPROVEMENT
Type of Improvements:
Street and Appurtenant Improvements
Storm Drain Channel Improvements
and Trail / Maintenance Road
Estimated Construction Cost
Or Bond Amount
$25,800
1/20/2004
G 2b
AGENDA ITEM
TO: Dave Adams, City Manager
FROM: William M. Huber, Director of Engineering and Building
SUBJECT: Consideration of a Financial Agreement for the Construction of Street
Frontage Improvements at 31810 and 31812 San Juan Creek Road, (Glenn
& Rick Eichler)
RECOMMENDATION
By motion:
Approve the Financial Agreement with Glenn and Rick Eichler and their respective
spouses for constructing street frontage improvements; and,
Authorize the mayor to execute the agreement; and,
Direct the City Clerk to forward the Agreement to the Orange County Recorder for
Recordation.
SITUATION
Summary and Recommendation
Glenn and Rick Eichler and their respective spouses are constructing two homes
on adjoining properties on the south side of San Juan Creek Road, east of La Novia
(See Attachment 1, Location Map). As the construction did not require a subdivision
of the land, the requirement to improve San Juan Creek Road, along the property
frontages, was not applicable.
However, in order to complete the frontage street improvements in conjunction with
the development of the two homes, the Eichlers have negotiated with City staff and
have offered to enter into the subject Financial Agreement (See Attachment 2).
Staff recommends City Council approval of the Agreement.
Background
The subject property developers, Glenn and Rick Eichler and their respective
spouses (Developer) are in the process of constructing two single-family homes
located at 31810 and 31812 San Juan Creek Road. The construction of these two
homes was not subject to any City discretionary review and did not constitute a
subdivision of land, as the two separate parcels previously existed and were
0
Agenda Item January 20, 2004
Page 2
modified via a Lot line adjustment. Therefore, such development was only required
to obtain building permits and administrative planning and engineering approvals.
Further, the City ordinances do not require construction of frontage improvements
unless the development is part of a land subdivision process or as conditions of a
discretionary action by the City. Thus, the developer is not required to construct
frontage improvements along San Juan Creek Road.
The developer is interested in improving the San Juan Creek Road frontage and is
willing to dedicate the necessary right -of- way and fund a portion of the construction
of the improvements if the City would participate financially. The City has for some
time wanted to clean up and improve this section of San Juan Creek Road which
currently does not have a sidewalk and therefore causes pedestrians in the area to
walk in the dirt or on the edge of the pavement. As this is a primary route to the
elementary school, Staff is supportive of taking advantage of the mutual benefits to
improve the street.
In addition to the San Juan Creek Road frontage improvements, the Developer also
requests the City consider vacating a portion of an existing trail/maintenance road
easement. The Developer proposes to modify the channel within the drainage
easements (see cross-section on Attachment 3) which would shift the
trail/maintenance road easement to the west and would allow for a 15 -foot -wide side
yard for the westerly residence. While the relinquishment of the easement is not an
issue for construction of the San Juan Creek Road frontage improvements, the
value of the easement to the City is part of the funding agreement.
Staff began working with the Developer on a financial arrangement (Attachment 2,
Agreement) to satisfactorily construct and pay for the improvements. A review of
the history and issues, relative to this agreement, turned up as follows:
The original property owner, Glenfed (now Citibank), was to have the street
frontage dedicated to the City in 1988. However, since GlenFed sold the
property before the transfer was recorded, the dedication was invalidated
and apparently not pursued any further.
2. The City owed Citibank $385,000 in Fiscal Year 2002-03 for the final
reimbursement for the La Novia Extension.
3. The City negotiated with Citibank to pay the City the acquisition costs of the
Developer's right-of-way (appraised at $73,750 at today's cost) by deducting
it from the remaining La Novia Extension costs mentioned above. Therefore,
the $73,750 is available in the Capital Improvement funds.
4. The City met with the Developer and concurred that the Citibank funds could
be used to pay forthe right-of-way if Developer would construct the frontage
improvements.
Agenda Item January 20, 2004
Page 3
5. The estimated value of the portion of the City's drainage/equestrian
easement to be considered for relinquishment to the Developer is valued at
$34,000, based on the same unit cost for the San Juan Creek Road
easement.
6. The Developer has also requested some engineering inspection and plan
check fee credits in -order -to offset the costs.
Given the above history and issues, the City negotiated with the Developer to arrive
at a fair and equitable solution. Staffs position was that the City and Developer
costs should be about the same, given all the trade-offs of improvement costs, fee
credits, and right-of-way.
The following table was used to create what Staff believes to be a balance of City
and Developer costs:
City Costs/Fee Waivers
Eichler Costs
Cost
Income/
Cost
Income/
Credits
Credits
Plan Check (Est)
$4,500
$0
Plan Check (Est)
$4,500
$4,500
Inspection Fees
(Est)
$4,500
$0
Inspection Fees (Est)
$4,500
$4,500
CUP Fees
$0
$14,774
CUP Fees
$14,774
$0
Ord 364/211 (Paid)
$0
$4,741
Ord 364/211 (Paid)
$4,741
$0
Right -of -Way
Right -of -Way
Dedication Street
Dedication Street
Frontage
$0
$55,869
Frontage
$55,869
$0
Glenfed Cash
Glenfed Cash
Contribution
$73,750
$0
Contribution
$0
$73,750
Drn/Eq Esmt
Vac(Est)
$34,000
$0
Dm/Eq Esmt(est)
$0
$34,000
Box Culvert
Box Culvert Funding
$0
$46,600
Construction
$46,600
$0
Street
Improvements
$0
$25,800
Street Improvements
$25,800
$0
City Contribution
$35,300
City Contribution
$35,300
Totals
$152,050
$147,784
$156,784
$152,050
Net Costs = City
$4,266
Eichler $4,734
Delta Ci -Eichler
$468
Agenda Item
January 20, 2004
While the table is somewhat complicated, it was necessary in -order -to be able to
apply the various credits and costs. To achieve the desired goal of balancing City
and Developer costs, it is necessary the City contribute $35,300 in addition to
paying the $73,750 from the Glenfed Right -of -Way funds. The funding can come
from the Capistrano Circulation Fee Program (CCFP) as developer reimbursement
funds were set aside in the City Council's consideration of the Capital Improvement
Program for this purpose.
The modification to the trail and drainage easement will be reviewed by the Park,
Recreation & Equestrian Commission at a later date. Their recommendation will be
forwarded to the Council upon initiation of the quitclaim of the excess easement.
Should the easement not be reduced in width, such action will cause this
Agreement to be re -negotiated.
Staff believes the deal is equitable and therefore supports entering into the attached
Agreement with the developer for funding the various improvements. The
Agreement includes a comprehensive indemnification section that holds the City
harmless for all construction related activities within the public right-of-way and
easements and also requires the developers to post the appropriate sureties prior
to construction of improvements.
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
N/A
FINANCIAL CONSIDERATIONS
The cost to both parties is indicated in the above background section of the staff report.
Staff will adjust the Mid -Year CIP accordingly, based on Council recommendation.
All costs to modify the channel to accommodate the easement modification will be borne
by the Developer.
NOTIFICATION
Glenn and Rick Eichler*
ALTERNATE ACTIONS
a. Approve the Financial Agreement with Glenn and Rick Eichler and their
respective spouses for constructing street frontage improvements; and,
b. Authorize the mayor to execute the agreement; and,
0 0
Agenda Item January 20, 2004
Page 5
C. Direct the City Clerk to forward the Agreement to the Orange County
Recorder for Recording.
2. Do not approve the Financial Agreement
3. Refer to Staff for additional information.
RECOMMENDATION
By motion:
1. Approve the Financial Agreement with Glenn and Rick Eichler and their respective
spouses for constructing street frontage improvements; and,
2. Authorize the mayor to execute the agreement; and,
3. Direct the City Clerk to forward the Agreement to the Orange County Recorder for
Recordation.
Respectfully submitted
William M. Huber,
Director of Engineering and Building
WMH/SS
Attachments:
1) Location Map
2) Financial Agreement
3) Site Plan
air,
neer, Project Manager
CAMy Documents\Agenda Review Draft InformationWanuary\1-20 Eichler Financial SJC Road Improv3.wpd
San Juan Creek Homes
(Eichler)
sy
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ATTACHMENT 1
0
FINANCIAL AGREEMENT FOR RIGHT-OF-WAY ACQUISITION
IN EXCHANGE FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS
AT 31810 AND 31812 SAN JUAN CREEK ROAD, GLENN EICHLER,
(ASSESSOR PARCEL NUMBER: 666-048-12 &131
THIS FINANCIAL AGREEMENT ("Agreement") is made and entered into this 20th
day of January, 2004, by and between the City of San Juan Capistrano, a Municipal
Corporation, hereinafter referred to as the "City" and Glenn and Kathy Eichler, and Rick
and Diann Eichler, whose mailing address is 30448 Rancho Viejo Road, Suite 110, San
Juan Capistrano, California 92675, herein referred to as "Developer".
WITNESSETH
WHEREAS, in connection with development of its land, Developer has applied for
and was granted a Lot Line Adjustment to accommodate two single family detached
residential homes located on 31810 and 31812 San Juan Creek Road respectively; and,
WHEREAS, the City has an interest in facilitating the street widening and
appurtenances on San Juan Creek Road along the frontage of the subject properties,
specifically referred to as Assessor Parcel Numbers 666-048-12 and 13 respectively; and,
WHEREAS, the Developer has an interest in reducing the width of an existing
public drainage/equestrian trail easement on Developer's south westerly side of property
and has agreed to design and construct, at Developer's cost, certain modifications to an
existing storm drain channel located within said easement; and,
WHEREAS, the City requires that the design and construction of said modification
to the existing storm drain channel within the drainage/equestrian trail easement would
continue to provide, at minimum, a 12 foot wide equestrian trail/maintenance access; and,
WHEREAS, the Developer has agreed to dedicate to the City the necessary public
right-of-way for ultimate street width and utilities purposes and to construct, to the
satisfaction of the City Engineer, street improvements and all related appurtenances along
said properties' frontages, based upon City payment of $109,050, of which $73,750.00 are
for right-of-way acquisition and $35,300 for partial financial participation towards the
1
ruf_Cd:IIT, :11:Ilfa
relocation of an existing drainage culvert which would be interfering with the proposed
widened street, and also based upon City waving the following fees:
Any in-house plan check and inspection fees for the street widening and drainage
improvement. (Third party review of Soils Reports, Drainage Improvement Plans
and Hydrology Hydraulic Studies shall be subject to fee payment);
2. City processing fees for abandonment of section of drainage easement;
3. City processing fees for acceptance of public right-ofway for San Juan Creek Road.
WHEREAS, the $73,750.00, described above, represents the City approved
appraisal amount for the subject right-of-way acquisition, paid to the City by Citibank
(Formerly Glendale Federal Savings and Loan) in order to meet the conditions of approval
set forth in City Council Resolution 86-6-17-4, for the development of Tentative Tract Map
12633 by the Subdivider, Dividend Development Company; and,
WHEREAS, City desires to assure that said proposed street widening and channel
improvements will be done per City approved plans and in a good workmanlike manner
and in accordance with the codes now in force and effect in the City of San Juan
Capistrano, California, the terms and conditions of which are incorporated herein by
reference.
NOW, THEREFORE, in consideration of the premises and promises hereinafter
contained, City and Developer agree as follows:
SECTION 1. PAYMENT AGREEMENT.
Upon receiving the following items from the Developer, the City shall then process, for
payment to the Developer, the amount of $73,750.00 for the right-of-way dedication along
the street frontages of Assessor Parcel Numbers 666-048-12 and 666-048-13.
The proper right-of-way dedication documentation
2. City approved Street & Storm Drain Improvement Plans, as specified in
Section 2 below
3. Sureties for all the works of improvement, as specified in Section 3 below.
9
SECTION 2. DEVELOPER'S OBLIGATIONS.
0
Developer shall dedicate to the City, for ultimate street width (to back of
proposed sidewalk along San Juan Creek Road) and utility purposes, the
necessary public right-of-way along Developer properties' frontages to
accommodate, to the satisfaction of the City Engineer, a secondary Arterial
Highway.
Developer shall, at his own cost and expense, provide all required tests,
design work, equipment, materials and labor in order to complete all of the
works of improvement (the "Works of Improvement"), set forth in Exhibit "A",
to the satisfaction of the City Engineer. Such work of improvement shall
include but not be limited to the construction of street widening
improvements, sidewalk, curb and gutter, relocation of an inlet culvert
structure and all related appurtenances. The Encroachment Permit and
Street Improvement Plans, which furtherdefines the improvements in Exhibit
"A", are on file in the office of the City Engineer, and all documents
referenced in Exhibit "A" are incorporated herein by reference.
SECTION 3. DEVELOPER'S SECURITY.
Developer shall, at all times beginning with the execution of this agreement,
guarantee Developer's performance of this agreement by providing City with the following
security instruments (the "Security Instruments"), on forms approved by City for the
purposes and in the amounts as follows:
(1) A Faithful Performance Bond to ensure faithful performance of this
agreement in regard to said improvements in the amount of 100% of the
estimated cost of construction of the improvements; and
(ii) A Labor and Materials Bond to secure payment to any contractor,
subcontractor, persons renting equipment or furnishing labor or materials for
the improvements required to be constructed or installed pursuant to this
agreement in the additional amount of 100% of the estimated cost of
construction of the improvements;
In order to guarantee and warranty the Works of Improvement and in addition to the
security instruments referenced in Paragraph 3 above, Developer shall provide to City the
following Security Instruments:
(1) Prior to the City's final acceptance of the Works of Improvement, Developer
shall provide to City a Warranty Bond for Works of Improvement warranting
the accepted Works of Improvement for a period of one (1) year following
said acceptance against any defective work or labor done or defective
material furnished. The amount of such Warranty Bond for Works of
Improvement shall be equal to twenty-five percent (25%) of the estimated
construction cost set forth in Exhibit "A", or a suitable amount determined by
the City Engineer.
SECTION 4. INDEMNITY AND HOLD HARMLESS.
Developer shall indemnify, defend and hold harmless the City of San Juan
Capistrano and their respective officers, officials, employees and agents from and against
any and all liability, loss, damage, expense, costs (including without limitation, attorneys'
fees and costs, and fees of litigation) of every nature arising out of or in connection with
Developer's use of this Agreement and Developer's performance of work hereunder or its
failure to comply with any of its obligations contained in this Agreement.
SECTION 5. TERM.
This Agreement shall continue in full force and effect until all work is complete and
accepted by the City Engineer. Upon completion and acceptance of work, this Agreement
shall terminate and all obligations of the City and the Developer will be considered met
provided the City or the Developer is not in default hereunder or under the terms of the
Note.
SECTION 6. ATTORNEY'S FEES.
In the event of any litigation between the parties arising out of or related to this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs,
in addition to whatever other relief such party may be granted.
SECTION 7. FORCE MAJEURE.
None of the parties hereto shall be deemed to be in default if performance of the
obligations required by this Agreement is delayed or becomes impossible because of any
act of God, earthquake, fire, strike, sickness, accident, civil commotion, epidemic, act of
government, its agencies or officers, or any legitimate cause beyond the control of the
parties.
SECTION 8. NOTICES.
All notices required to be delivered under this Agreement or by law shall be
delivered by one of the following means: (i) by personal delivery, (ii) by a reputable
document delivery service that provides a receipt showing date and time of delivery, (iii)
by United States mail, prepaid, certified, return receipt requested, or (iv) by facsimile
transmission, if a fax number is listed below, and so long as the original of the notice is
concurrently delivered by one of the other acceptable methods. Notices shall be addressed
0 0
as follows:
If to City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: City Clerk
Telephone Number: (714) 493-1171
Fax Number: (714) 493-1053
If to Developer: Glenn and Rick Eichler
30448 Rancho Viejo Road, Suite 110
San Juan Capistrano, CA 92675
Telephone Number: (949) 248-5459
Fax Number: (949) 248-0889
Notices delivered by personal delivery, reputable document delivery service, or
facsimile transmission in accordance with the terms of this Section shall be effective upon
receipt. Notices delivered by mail shall be effective at the earlier of (i) actual receipt, or (ii)
if not deliverable, the date of first attempted delivery. The parties hereto may from time to
time designate such other address or addresses for receipt of notices by giving notice in
accordance with the terms of this Section.
SECTION 9. NO ASSIGNMENT.
Developer shall not assign or transfer this Agreement to any person, firm, or entity
without the prior written consent of City, which consent City may give or withhold in its sole
and absolute discretion.
SECTION 10. ENTIRE AGREEMENT.
This Agreement contains the entire agreement and understanding of the parties
concerning the subject matter herein. This Agreement constitutes the entire understanding
and agreement of the parties, integrates all of the terms and conditions mentioned herein
or incidental hereto, and supersedes all negotiations or previous agreements between the
parties with respect to all or any part of the subject matter hereof.
IN WITNESS WHEREOF, two (2) identical counterparts of this agreement, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Developer herein named on the day of , 2004, the name and
corporate seal of each corporate party being hereto affixed and these presents duly signed
by its undersigned representative(s) pursuant to authority of its governing body.
DEVELOPER
By: �.
EI on Eichler,
1
Kathy Pchler,
By: Z
�'C---
Rick Eichler,
By: b6&14 w4 - -�
Diann Eichler,
(Attach Notary Acknowledgment)
Attachment: Exhibit "A"
Lei
40
CITY OF SAN JUAN CAPISTRANO
M
JOE SO'I'0 MAYOR
CITY CLERK
APPROVED AS TO FORM
11TY ATTORNEY
0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Q���1-
0
On tS tea_ M &W before me, X99 �r�n "Jane
V ,
Date NameandTitle of Officer (ea,.Jane Doe, NoBWX3ul
personally appeared Ca `lcay.. G��n��•
Names) of Signers)
❑ Wsonally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) ire
subscribed to the within instrument and
acknowledged to me that Wztre/they executed
the same in bis/hef/fheir authorized
capacity(ies), and that by kris/heir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
— �C9.v�r2 �9„�c�4u acrl.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top or thumb Here
❑ Corporate Officer — Title(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
1:1 Guardian or Conservator
❑ Other:
Signer Is Representing:
01993 National Notary Association • 9350 De Solo Ave., P.O. Bax 2402 • Cralexome, CA 91313-2402 • w nalionalnolaryo,g Pox. No. 5907 Reorder'. Call Toll Free 1-60M76 6927
0 0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of I ss.
On lS `X�Q�n.�l �CO3, before me,w�a-x�c�ctA
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Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signers) Other Than Named Above:
Capacity(ies) Claimed
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): _
❑ Partner —❑ Limited ❑ General
by Signer
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
RIGHT THUMBPRINT
OF SIGNER
01999 National Notary Associatwn • 9350 0e Solo Ave., PO, Sox 2602"Cba15 OM, CA 91313-X02 • www nationalnntarymg Prod, No 5907 reenter Call Toll Free 1 -BW -876 6827
171
PUBLIC IMPROVEMENT AGREEMENT
ASSOCIATED WITH THE DEVELOPMENT OF
ASSESSOR PARCEL NUMBER: 666-048-12 & 13
AT 31810 AND 31812 SAN JUAN CREEK ROAD
Type of Improvements:
EXHIBIT "A"
WORKS OF IMPROVEMENT
Estimated Construction Cost
Or Bond Amount
Street and Appurtenant Improvements $25,800
Storm Drain Channel Improvements
and Trail / Maintenance Road $46,600
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32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
www sanjuancapistrano. org
1//Yyy IRIIIIIIHII
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1776
MEMBERS OF THE CITY COUNCIL
DIANE L. BATHGATE
JOHN S. GELFF
MATT HART
JOESOTO
DAVID M. SWERDLIN
INTERIM CITY MANAGER
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
PAMELA.GIBSON
The City Council of San Juan Capistrano will meet at 7:00 p.m. on January 20, 2004 in
the City Council Chamber in City Hall, to consider: "Consideration of a Financial
Agreement for the Construction of Street Frontage Improvements at 31810 and
31812 San Juan Creek Road, (Glenn & Rick Eichler)" — Item No. G 2b
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at City Hall by 5:00 p.m. on
Monday, January 19, 2004 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a blue 'Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member Sam Shoucair,
Senior Engineer. You may contact that staff member at (949) 443-6355 with any
questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancapistrano.oro. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
council-agendasasanivancapistano.org.
Meg Monahan, CMC
City Clerk
cc: Glenn and Rick Eichler*; William M. Huber, Engineering and Building Director;
Sam Shoucair, Senior Engineer
* Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future